- (1.) This order will dispose of RFA Nos. 27, 886, 1055, 1171, 1173, 1282 to 1295, 1598, 1737, 4517 of 2003 and 4348 of 2007, and Cross- Objection No. 70/CI of 2011, as the same arise out of common acquisition. By filing the appeals and cross-objections, the landowners are seeking enhancement of compensation for the acquired land, whereas by filing appeals, the State is seeking reduction thereof.
(2.) Briefly, the facts of the case are that vide notification dated 22.7.1996, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), State of Haryana sought to acquire the land measuring 3.47 acres situated within the revenue estate of village Khandsa, Tehsil and District Gurgaon, for industrial, residential, roads and green belt in Sector 37, Gurgaon. Notification under Section 6 of the Act was issued on 17.7.1997. The Land Acquisition Collector (for short, 'the Collector') vide award dated 30.12.1998 assessed compensation @ Rs. 7,05,000/- per acre. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below while relying upon its earlier award, assessed the market value of the acquired land @ Rs. 13,72,750/- per acre. It is this award which is impugned before this court by both the parties.
(3.) Learned counsel for the landowners submitted that the saledeed, Ex. P6, produced on record by the landowners has not been considered only for the reason that the same was registered just one and half month after the issuance of notification under Section 4 of the Act, otherwise, it was pertaining to the same revenue estate. The area was already developed. The acquisition of land in question was for a small portion of land i.e. measuring 3.47 acres which was acquired for development as green belt in Sector 37, Gurgaon. For Sector 37, the acquisition had already been made. He further submitted that the learned Court below has relied upon the earlier award pertaining to the acquisition of land in Sector 37, Gurgaon, where notifications under Section 4 of the Act were issued on 16.12.1988/ 30.1.1989. For that acquisition, this Court in Attar Singh and others vs State of Haryana, 1999 123 PunLR 221, had assessed the value of the acquired land therein at Rs. 7,22,500/- per acre. He further submitted that though the learned Court below while placing reliance upon on that, awarded increase @ 12% per annum for the time gap of two notifications, however, the same has not been granted with cumulative effect. In terms of judgment of Hon'ble the Supreme Court in The General Manager Oil and Natural Gas Corporation Limited vs Rameshbhai Jiwanbhai Patel and another, 2008 9 JT 480, the increase for the time gap, deserves to be granted with cumulative effect. Gurgaon city is developing at a very fast pace. There were acquisitions for use by the State or its agencies like Haryana Urban Development Authority, Haryana State Industrial and Infrastructure Development Corporation Limited. Private builders had also been purchasing large chunks of land for development as residential and commercial spaces. Sector 37, Gurgaon, where the small portion of land has been acquired vide acquisition in question, had already been developed after the acquisition was made in the year 1988.;